MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. 5
JANUARY 23, 1971
INDEX
Minutes of the Meeting of the Board of Regents of
Stephen F« Austin State University
held in Houston, Texas
January 23, 1971
VOLUME NO. 5
Page
71- 1 Approval of Minutes of Previous -Meeting TT"
71- 2 Election of University President 5-1
71- 3 Faculty and Staff Appointments 5-1
71-4; Resignations 5-2
71- 5 Changes in Status 5-2
71- 6 Leaves of Absence 5-3
71- 7 Approval of Room and Board Rates 5-3
71- 8 Authorization for University to Obtain Engineering Services 5-ii
71- 9 Authorization for University to Pay for Construction of Storm
Sewer and Sidewalks 5-k
71-10 Approval of Contract for Installation of Clock and Bell System 5-k
71-11 Approval of Change Order No* 2 - Chemistry Building Renovations-10
71-12 Authorization for University to Purchase Dairy Cattle 5-10
71-13 Approval of Contract for Furnishings for Austin Building 5-10
71-lU Approval of Building Use Fee 5-15
71-15 Authorization for University to Obtain Professional
Assistance in Planning for Bond Issue 5-15
71-16 Approval of Contract to Construct Greenhouse 5-15
71-17 Adoption of Amendment to the Rules and Regulations for
Naming Buildings 5-2U
71-18 Approval of a Master of Education Degree with an
Emphasis on Early Childhood Education 5-2U
71-19 Authorization for University to Obtain Bids to
Construct Additional Parking Area 5-2U
71-20 Authorization for University to Make Fire Safety
Improvements to Dormitories 5-2U
71-21 Appointment of Board Representative to the Committee
of Governing Boards 5-25
Minutes of the Meeting of the Board of Regents of
Stephen F. Austin State University-held
in Houston, Texas
January 23, 1971
The meeting was called to order by R. E. McGee, Chairman of the Board
of Regents, at two o'clock p.m., January 23, 1971.
PRESENT:
Members: Mr. R. E. McGee of Houston
Mr. J. Harold Bates of Houston
Mrs. Lera Thomas of Houston
Mr. Douglas Bergman of Dallas
Mr. Walter Todd of Dallas
Mr. Roy Maness of Beaumont
Mr. Joe Bob Golden of Jasper
Mr. Sam Tanner of Longview
Mr. James I. Perkins of Rusk
PRESENT:
Mr. C. G. Haas of Nacogdoches, Secretary
Dr. R. W. Steen, President of the University
Dr. John T. Lewis, III, Vice President for Academic
Affairs, Stephen F. Austin State University
71-1
Upon motion of Regent Bates, seconded by Regent Maness, with all Regents
voting aye, it was ordered that the minutes of the meeting of October 23,
1970, be approved.
71-2
Upon motion of Regent Perkins, seconded by Regent Todd, with all Regents
voting aye, it was ordered that Dr. Steen be elected President of Stephen
F. Austin State University for the academic year 1971-72.
71-3.
Upon motion of Regent Tanner, seconded by Regent Perkins, with all Regents
voting aye, it was ordered that the following individuals be employed for
the positions, dates and salaries indicated:
1. Mr. John J. Stransky, Ii7, M. F, (Harvard University), Instructor of
Forestry (part-time) at a salary rate of $l,]±00 for four and one-half
months, effective Spring Semester, 1971. Mr. Stransky has previously
been employed in this position.
2. Mrs. Anna Martha Strybos, 3U, B. S. (Stephen F. Austin State University),
Teacher, University Kindergarten, at a salary rate of $375 per month for
four and one-half months, effective Spring Semester, 1971. Mrs. Strybos
previously held the position as Assistant Teacher, University Kindergarten.
3. Mrs. Patricia Ann Elkins, 22, B. S. (Houston Baptist College), Assistant
Teacher, University Kindergarten, at a salary rate of $200 per month for
four and one-half months, effective Spring Semester, 1971. Mrs. Elkins
has previously been employed as a Graduate Assistant at Stephen F. Austin
State University.
k» John L. Levra, 33* M. S. (Kansas State College) Athletic Director and
Head Football Coach at a salary rate of $16,000 for 12 months effective
January 1, 1971. Mr. Levra has been head coach at Highlands University
of New Mexico for the past fjour years.
£. Lloyd Dean Moore, 29, M. S. (New Mexico Highlands), Assistant Football
Coach at a salary of $10,000 for nine months, effeqtive January 1, 1971.
Mr. Moore has been assistant coach at New Mexico Highlands for the past
four years.
6. Clifford 0. Silva, 2$, M. A. (New Mexico Highlands) Assistant Football
Coach at a salary of $10,000 for nine months, effective January 1, 1971.
Mr. Silva has been assistant coach at New Mexico Highlands for two years.
7. Mr. Curtis Carroll Bradshaw, UO, M. S., (East Texas State University)
Assistant Director of Placement and Financial Aid, effective November 1,
1970, at a salary rate of $10,000 for 12 months.
5-1-
71-li'
Upon motion of Regent Todd, seconded by Regent Maness, with all Regents
voting aye, it was ordered that the following resignations be accepted:
1. Mr. Hugo Alphonse Walter, Assistant Special Collections Librarian,
effective October 31* 1970. Mr. Walter resigned to accept employment
elsewhere.
2. Dr. Paul Alan Wood, Professor of Geology, effective October 21,
1970. Dr. Wood resigned for personal reasons.
3. Mr. Louis Alton Crawford, Instructor of Geography, effective May 31,
1971. Mr. Crawford is resigning in order to return to graduate school.
U. Miss Jenny Susan Harrison, Instructor of Geography, effective May 31,
1971. Miss Harrison is resigning in order to return to graduate school.
3>. Mr. William A. Macauley, Instructor of Political Science, effective
May 31* 1971. Mr. Macauley is resigning in order to continue his work
toward the doctoral degree.
6. Mr. Harold Wayne Hill, Assistant Professor of Art, effective May 31,
1971. Mr. Hill is resigning for personal reasons.
7. Mr. James Leonard Steele, Instructor of Political Science, effective
May 31, 1971. Mr. Steele is resigning in order to return to graduate school.
71-^P
Upon motion of Regent Bates, seconded by Regent Bergman, with all Regents
voting aye, it was ordered that the following changes in status be accepted:
1. Dr. Calvin Pascal Barton, Assistant Professor of Mathematics, from a
salary rate of $10,650 to a salary rate of $11,000 for nine months, effective
Spring Semester, 1971. Dr. Barton completed all requirements for the Ph.D.
on October 20, JL97Q.
2. Dr. James Galen Dickson, Assistant Professor of* Political Science,
from a salary rate of $10,000 to a salary rate of $11,000 for nine months,
effective Spring Semester, 1971. Dr. Dickson has completed all require
ments for the Ph.D. and the degree was conferred on December 23, 1970.
3. Mrs. Janice Sue Pattillo, Instructor of Elementary Education, from a
salary rate of $8,250 for 100# TSO to a salary rate of $2,062.50 for 2%
TSO, effective Spring Semester, 1971. Mrs. Pattillo will be enrolling for
part-time graduate work at Texas A&M University.
U. Travis T. Hughes from Athletic Director and Head Football Coach to
Consultant in Intramural Program, effective January 1, 1971, at a salary
of $16,000 for the period of September 1, 1970, to May 31, 1971.
5>. Carter L. Franklin from Assistant Coach and Instructor of Physical
Education to Instructor of Physical Education, effective January 1, 1971.
5-2-
6. Ben ¥. Nicholson from. Assistant Coach and Instructor of Physical
Education to Instructor of Physical Education.
71-*...
Upon motion of Regent Thomas, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the following leaves of absence be granted:
1. Mr. Will Bower Barclay, Instructor of Modern Languages, for the
academic year 1971-72, in order that he may continue work on the doctoral
degree.
2. Mr. David Albert Shows, Assistant Professor of Health and Physical
Education and Supervisor of Intramurals for Men, effective Spring Semester,
1971, in order that he may complete the residence requirements for his
doctorate.
71-?,.;
Upon motion of Regent Bergman, seconded by Regent Perkins, with all Regents
voting aye, it was ordered that the following Room and Board rates be
approved for 1971-72:
Dormitory Fall or Spring Semester Summer Terms (6 Weeks)
No. and Name W/5 Day Meals W/7 Day Meals W/5 Day Meals W/7 Day Meals
1 - Unit 1 $365.00 $380.00 $135.00 $12*0.00
2 - Unit 2 365.00 380.00 135.00 11*0.00
3 - Unit 3 365.00 380.00 135.00 12*0.00
1* - Dorm 1* 32*5.00 360.00 120.00 125.00
5 - Wisely Hall 365.00 380.00 135.00 11*0.00
6 - Ferguson Hall 32*5.00 360.00 120.00 125.00?
7 - Todd Hall 2*10.00 2*25.00 150.00 155.00
8 - Gibbs Hall 365.00 380.00 135.00 12*0.00
9 - North Dorm 2*10.00 2*25.00 150.00 155.00
10 - Dorm 10 1*10.00 2*25.00 150.00 155.00
11 - Mays Hall 365.00 380.00 135.00 12*0.00
12 - South Dorm 2*10.00 2*25.00 150.00 155.00
13 - Dorm 13 1*10.00 2*25.00 150.00 155.00
12* - Dorm li* 2*10.00 1*25.00 150.00 155.00
15 - Griffith Hall 1*10.00 2*25.00 150.00 155.00
16 - Dorm 16 2*10.00 2*25.00 150.00 155.00
17 - Steen Hall 2*10.00 2*25.00 150.00 155.00
18 - Kerr Hall 2*10.00 2*25.00 150.00 155.00
19 - Dorm 19 1*10.00 2*25.00 150.00 155.00
Apartments (without meals) Rent Per Month
Numbers ——————
1-70 $60.00
7i*-96j 127-166 75.00
200-299 85.00
F 1-16 125.00
5-3-
71-8
Upon motion of Regent Golden, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that:
The University be authorized to obtain the engineering
services of Cowan, Love and Jackson, Mechanical Engineers
of Fort Worth, Texas, and that the University ie authorized
to pay for their services based on a proposed schedule on
file in the office of the Comptroller, such services being
for those miscellaneous small projects for which professional
engineering services are needed and on which projects an
architectural firm is not required*
71-9
Upon motion of Regent Todd, seconded by Regent Bates, with all Regents
voting aye, it was ordered that:
The University be authorized to pay Thomas and Thompson
Construction Company $1,728 for constructing a storm
sewer and sidewalks in the area between the UniversityTs
Forestry Laboratory Building and the new Federal Forestry
Building on the campus.
71-10
Upon motion of Regent Bates, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that:
The Contract with Wilson Henderson Electric Company of
Longview for $18,360 for the installation of a Clock and
Bell System be approved and the Chairman of the Board be
authorized to sign the contract, as follows:
CONTRACT
THE STATE OF TEXAS jj
COUNTY OF NACOGDOCHES j| KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT, made and entered into this 23rd day of January,
A. D. 1971, by and between the Board of Regents, Stephen F. Austin State
University of the City of Nacogdoches, County of Nacogdoches, and State
of Texas, Acting herein through its President, Party of the First Part,
termed in the Contract Documents as the Owner, and Wilson Henderson, Inc.
of the City of Longview, County of Gregg, and the State of Texas, Party of
the Second Part, termed in the Contract Documents as;the CONTRACTOR,
WITNESSETHs (l) That for and in consideration of the payments
and agreements hereinafter mentioned, to be made and performed by the
Owner, and under the conditions expressed in the Bonds bearing even date
herewith,. the Contractor hereby agrees with the Owner to commence and
complete the construction of certain improvements described as follows:
5-U-
A Clock and Bell System for Stephen F. Austin State University." The work
is fully described by the plans and specifications prepared by Cowan, Love
and Jackson, Inc., Consulting Engineers, dated December 18, 1971, and all
work in connection therewith, and at his (or their) own proper cost and
expense to furnish all the material, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and'other accessories and services neces
sary to complete the said construction, in accordance with the conditions
and prices stated in the Proposal, and in compliance with the Performance
B™ f?d *Je Parent Bond and the Contract Documents hereto attached, and
with the Plans, all of which are made a part thereof and collectively
evidence and constitute the Contract.
• 4.1. • 1L ^P Contractor agrees to commence work under this Contract
within thirty (3D) days from the date thereof and to complete said work
ready for use on or before September 1, 1971.
In defaulting thereof, the Contractor shall be liable for liqui
dated damages as provided in the Contract Documents.
() The Owner agrees to pay the Contractor in current funds for
the performance of the Contract in accordance with the Proposal submitted
/*S 21"' *\& Sm °f eiShteen thousand, three hundred and sixty dollars
($18,360.00), subject to additions and deductions, as provided in the
General Conditions of the Contract Documents, and to make payments on
account thereof as provided.
(li) To insure prompt, faithful, sufficient, and complete per
formance of this Contract on his part, the Contract has attached hereto
and hereby makes a part hereof, Insurance Policies or Certificates of
Insurance, a Performance Bond and a Payment Bond to be satisfactory in
all respects to the Owner. Said Bonds, in the full amount of the Contract
price, are to insure the faithful performance of the Contract under all
conditions laid down by it and the Contract Documents covering equipment
furnished labor employed, workmanship, material, time of completion and
delivery. Said Bonds and Policies shall hold and keep the Owner harmless
and free from all liens, claims, patent infringements, liability, demands,
and expenses of every kind and nature for any accident or injury to any
person or persons or property, occasioned by or resulting from the prose
cution of the work pursuant to the terms of the Contract.
IN WITNESS WHEREOF, the parties of these presents have executed
this Contract in five (5) counterparts, each of which shall be deemed an
original in the year and day first above mentioned.
SEAL ■ BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
BY /W C. G. Haas BY /s/ R. E. McGee
Wltness President
5-5-
WILSON HENDERSON, INC.
BY /s/ Wilson Henderson
Attest: Contractor (President)
/s/ Edith L. Henderson P. 0. Box 232I+, Longview, Texas 75601
Address
(SEAL)
- _____ By
READ AND EXAMINED:
/?/ C. G. Haas Secretary
tjoard or Kegents, Stephen b\ Austin State UniVersity
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS _s/ John Reeves
Assistant
PERFORMANCE BOND
THE STATE OF TEXAS jj
COUNTY OF NACOGDOCHES \ KNOW ALL MEN BY THESE PRESENTS:
That we Wilson Henderson, Inc. of Longview, Texas hereinafter
called Principal and Massachusetts Bay Insurance Company of Boston State
of Massachusetts, hereinafter called the Surety, are held and firmly bound
into Stephen. F. Austin State University, hereinafter called Owner, in the
penal sum of eighteen thousand, three hundred and sixty dollars ($18,360.00)
in lawful money of the United States, to be paid in Nacogdoches County,
Texas, for payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the
Principal entered into a certain Contract with Stephen F. Austin State
University, the Owner, dated the 23rd day of January, A. D., 1971, a copy
of which is attached hereto and made a part hereof for the construction of:
A "Clock and Bell System for Stephen F. Austin State University," herein
called the "Work."
5-6-
NOW, THEREFORE, if the Prinoipal shall well, truly and faithfully
perform the work in accordance with the Plans, Specifications and Contract
Documents during the original term thereof, and any extensions thereof and,
if he shall satisfy all claims and demands incurred under such Contract, and
shall fully indemnify and save harmless the Owner from all costs and damages
which it may suffer by reason of failure to do so, and shall reimburse and
repay the Owner all outlay and expense which the Owner may incur in making
good any default, then this obligation shall be void; otherwise to remain
in full force and effect.
NOW, THEREFORE, if the Principal shall repair any and all defects
in said work occasioned by and resulting from defects in materials fur
nished by, or workmanship of the Principal in performing the work covered
by said Contract, occurring within a period of twelve (12) months from the
date of the Contract Completion Certificate, then this obligation shall
be null and void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this
bond venue shall lie in Nacogdoches County, State of Texas and that the
Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract or
to the work to be performed thereunder or the Specifications accompanying
the same shall in any wise affect its obligation of this bond, and it does
hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Contract or to the work or to the Specifications*
IN WITNESS WHEREOF, this instrument is executed in five counter
parts, each one of which shall be deemed an original, this the 23rd day
of January A. D., 1971.
ATTEST:
Wilson Henderson, Inc.
Principal
/s/ Edith L. Henderson By /s/ Wilson Henderson
^Principal; President
P. 0. Box 232U, Longview, Texas 7£601
SEAL Address
/s/ Jenny Lynn Burton
Witness as to Principal
Longview, Texas
Address
MASSACHUSETTS BAY INSURANCE COMPANY
Surety
5-7-
/s/ Jenny Lynn Burton By Leroy T« Zeigler /s/
witness Attorney-in-Fact "
APPROVED AS TO FORMS:
Witness as to Surety ATTORNEY GENERAL OF TEXAS
Longview, Texas _^ By /s/ John Reeves
Address Assistant Attorney General
PAYMENT BOND
THE STATE OF TEXAS {
COUNTY OF NACOGDOCHES jj KNOW ALL MEN BY THESE PRESENTS:
That we Wilson Henderson, Inc. of Longview, Texas hereinafter
called Principal and Massachusetts Bay Insurance Company of Boston, State
of Massachusetts hereinafter called the Surety, are held and firmly bound
unto Stephen F. Austin State University hereinafter called Owner, unto all
persons, firms, and' corporations who may furnish materials for, or perform
labor upon the building or improvements hereinafter referred to in the penal
sum of eighteen thousand, three hundred and sixty dollars ($18,360.00) in
lawful money of the United States, to be paid in Nacogdoches County, Texas,
for the payment of which sum well and truly to be made, we bind ourselves,'
our heirs, executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Prin
cipal entered into a certain contract with Stephen F. Austin State University,
the Owner, dated the 23rd day of January, k. D., 1971, a copy of which is
hereto attached and made a part hereof for the construction of:
A "Clock and Bell System for Stephen F. Austin State University."
NOW, THEREFORE, the condition of this obligation is such that,
if the Principal shall promptly make payment to all claimants as defined
in Article 5l6O Revised Civil Statutes of Texas, 1925, as amended by House
Bill 3hh9 Acts 56th Legislature, Regular Session, 1959, effective April 27,
1959, supplying labor and materials in the prosecution of the work provided
for in said Contract, then this obligation shall be null and void? otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the protection of
all claimants supplying labor and materials in the prosecution of the work
provided for in said Contract, and all such claimants shall have a direct
right of action under the bond as provided in Article 5l6O, Revised Civil
Statutes, 1925, as amended by House Bill 3UU* Acts 56th Legislature, Regular
Session, 1959.
5-8-
PROVIDED FURTHER, that if any legal action be filed upon this
bond, venue shall lie in Nacogdoches County, State of Texas, and that the
said Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract or
to the work to be performed thereunder or the Specifications accompanying
the same shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any change, extension of time, alteration or addition
to the terms of the Contract or to the work or to the Specifications•
PROVIDED FURTHER, that no final settlement between the Owner and
the Contractor shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied.
PROVIDED, HOWEVER, THAT THIS BOND is executed pursuant to the
provisions of Article £160 of the Revised Civil Statutes of Texas as amended
by Acts of the 56th Legislature, 1969, and all liabilities of this bond
shall be determined in accordance with the provisions of said Article to
the same extent as if it were copied at length.
IN WITNESS WHEREOF, this instrument is executed in five counter
parts, each one of which shall be deemed an original, this the 23rd day of
January A. D., 1971.
ATTESTi
/s/ Edith L« Henderson
{Principal; Secretary
SEAL
s/ Jenny Lynn Burton
itness as to Principal
Longview, Texas
Address
/s/ Jenny Lynn Burton
Witness
Wilson Henderson, Inc.
Principal
/s/ Wilson Henderson
President
P. 0. Box 232li, Longview, Texas
Address
75601
MASSACHUSETTS BAY INSURANCE COMPANY
Surety
By /s/ Leroy T« Zeigler
Attorney-in-Fact
Witness as to Surety
Longview, Texas
Address
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
By /s/ John Reeves
Assistant Attorney General
5-9-
71-11
Upon motion of Regent Bates, seconded by Regent Perkins, with all Regents
voting aye, it was ordered that:
The final Change Order No. 2 on the Contract with Temple
Associates, Inc., for the renovation of the Chemistry
Building in the amount of $2,377 increase be approved and
the Chairman of the Board be authorized to sign the
Change Order.
71-12
Upon motion of Regent Perkins, seconded by Regent Bergman, with all Regents
voting aye, it was ordered that:
The University be authorized to purchase kO Holstein
dairy cows at $#0 per cow and 96$ pounds of base
privilege with the South Texas Producers' Association
for $9 per pound, for a. total price of $3O,68£ from
Mr. J. E. Deen, dairyman in Nacogdoches County.
71-13
Upon motion of Regent Bates, seconded by Regent Todd, with all Regents
voting aye, it was ordered that:
The Contract with Suniland; Company for $l£,001.^7 to
completely furnish portions of the Austin Building be
approved and the Chairman of the Board be authorized
to sign the contract, as follows:
CONTRACT
THE STATE OF TEXAS jj
COUNTY OF NACOGDOCHES \ KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT, made this the 23rd day of January, 1971, by and
the B0ARD 0F REGENTS, STEPHEN F." NACOGDOCHES
Presidet hift ll
^f , TEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCH
JStt? *ciiSgJ|Lereln through its President, .hereinafter called "Owner" and
SUNILAND FURNITURE COMPANY, HOUSTON, TEXAS hereinafter called "Contractor."
WITNESSETH, that the Contractor and the Owner for the considera
tions hereinafter named agree as follows:
1. The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the work
described m the Specifications entitled "FURNITURE AND FURNISHINGS,
AUSTIN BUILDING RENOVATIONS,. PHASE III", ..STEPHEN F. AUSTIN STATE
UNIVERSITY, NACOGDOCHES, TEXAS, prepared by Kent, Marsellos & Scott,
Architects - Engineers, Lufkin, Texas, acting as and in these Contract
Documents entitled the Architectj and shall do everything required by
this Agreement, the "General Conditions" of this Contract, and the
Specifications.
5-10-
2. The "General Conditions" of the Contract, the "Supplementary Conditions",
and the Specifications, together with this agreement, form the Contract,
and they are as fully a part of the Contract as if hereto attached or
herein repeated. The following is an enumeration of the Specifications:
Specifications entitled "FURNITURE AND FURNISHINGS, AUSTIN BUILDING
RENOVATIONS, PHASE III", STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS, sheet and section numbers as listed in Paragraph 1.1 of
"Supplementary Conditions", and the following;
Addendum No. 1 dated January 5, 1971, Page lf
1. This Contract is to cover the General Contract Work complete.
All said Specifications and "General Conditions" are made a part
of this Agreement for all intents and purposesj provided that if
anything in the said "General Conditions" of the Contract is in
conflict with this Agreement, this Agreement shall control and
govern.
2. The work called for and included in this Agreement is to be done
under the direction of the Architect above named and his deter
mination of the true meaning and proper construction of the
Specifications shall be considered as final.
3« The work to be performed under this Contract shall be commenced
on or before a date to be specified in a written ?*Work Order",
and shall be fully completed within 120 consecutive calendar days
thereafter. The Contractor further agrees to pay as liquidated
damages the sum of $50.00 per day for each consecutive calendar
day the work remains unfinished as specified in Paragraph 1.23
of "Supplementary Conditions" and in Proposal.
km The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein,
FIFTEEN THOUSAND ONE AND .£7/100 DOLLARS ($15,001.57), out of
General Operating Funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University.
The basis of the above Contract price is as follows*
Base Bid - $15,001.57
Including $250.00 contingency fund
The Owner shall make payment on account of the Contract as
provided therein as follows.9 After substantial completion
of the entire contract has been performed, all furniture and
furnishings delivered and installed, and the furniture and
furnishings, including material and workmanship, have been
accepted as satisfactory to the Architect, a payment of eighty
five per cent (85$) of the Contract price will be due upon
certificate of the Architect. Final payment shall be due
thirty days after substantial completion of the work provided
the work be then fully completed and the Contract fully performed.
Upon receipt of written notice that the work is ready for final in
spection and acceptance, the Architect shall promptly make such in
spection, and when he finds the work acceptable under the Contract and
the Contract fully performed he shall promptly issue a Final Certi
ficate, over his own signature, stating that the work provided for in
this Contract has been completed and is acceptable to him under the
terms and conditions thereof, and that the entire balance found to be
due the Contractor, and noted in the Final Certificate is due and
payable. Before issuance of Final Certificate the Contractor shall
submit evidence satisfactory to the Architect that all payrolls,
material bills and other indebtedness connected with the work have
been paid.
5. The Contractor shall pay premium for and furnish Performance Bond
and Payment Bond in amount of 100$ of Contract Pricej on form
to be furnished by Architect, with sureties acceptable to the
Owner, conditioned:
1.- That Contractor shall faithfully perform his Contract
and fully indemnify and save Owner harmless from all
costs and damages which may be suffered by reason of
failure to do so, and fully reimburse and repay Owner
all outlay and expense which Owner may incur in making
good any default.
2. That Contractor shall pay all persons who have contracts
directly with Contractor for labor and materials save
which persons shall have a direct action against Con
tractor and the surety on his bond, subject to Owner's
priority.
Surety Companies shall be on approved list of U. S.
Treasury Department of "Companies holding Cprtificates
of authority from the Secretary of the Treasury under
the Act of Congress Approved July 30, 1957, as Accept
able Sureties on Federal Bonds"and within the Under
writing Limitations listed therein for any single risk.
Bond shall comply with requirements of all state laws?
including those of Article 5l6O Revised Civil Statutes
of Texas, 1925, as amended by House Bill 3hk, Acts 56th
Legislature, Regular Session, 1959, effective April 27,
1959.
6. The Contractor shall effect, pay for and maintain during the life
of this Contract insurance acceptable to the Owner, conforming to
the following schedules
a) Compensation and Employerfs Liability Insurances As
required by the laws of the state of Texas; Employer' s
Liability Insurance, $100,000.00«
b) Public Liability Insurance: In an amount not less than
$30^,000.00 for injuries, including accidental death to
q-12-
any one person, and subject to the same limit for each
personj and in an amount not less than $£00,000.00 on
account of one accident; Property Damage Insurance in
an amount not less than $100,000,00, each occurrence
$300,000*00 aggregate.
c) Automotive Public Liability and Property Damage Insurance;
Covering all automobiles and motor vehicles used in
Contractor's operations on the campus of the University
in an amount not less than $300,000a00 for injuries in
cluding death to any one person and subject to the same
limit for each personj and in an amount not less than
$£00,000.00 on account of one accidentj Property Damage
insurance in an amount not less than $300,000.00 each
occurrence.
d) Contractual Liability Insurance; As applicable to the
Contractor's obligations under Paragraph U.18 of
"General Conditions." The Contractor shall obtain at
this expense Owner's Protective Liability Insurance
Policy naming the Owner and the Architect/Engineer as
insured with the following limits:
1. Bodily Injury
$300,000.00 (each person)
$500,000.00 (each occurrence) ,
2. Property Damage
$100,000.00 (each occurrence)
$300,000.00 (aggregate)
e) Indemnify, protect and hold harmless the Owner and
Architect and their agents and employees from any and
all claims, demands, acts of destruction, loss or
damage to property, injury to or death of Contractor's
employees, Owner's employees, and any and all persons
whomsoever growing out of, or in any way connected with
Contractor's operations upon the campus of the above
described University. Before commencement of operations
hereunder. Contractor shall furnish to the Architect,
photostatic copies of the above mentioned insurance
policies, together with a certificate from the insurance
carrier that the insurance will not be cancelled or per
mitted to lapse until fifteen (l£) days written notice
of said impending cancellation has been given to the Owner,
7. The Contractor shall complete the several portions and the whole of
the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsoever.
8. For purposes of complying with the State of Texas Sales Tax, the
following is a division between labor and materials;
5-13-
Labor $ 957.37
Materials $1U, 01^.20
Total $15,001.57
IN WITNESS WHEREOF, the parties of these presents have executed this
Contract in four (k) counterparts, each of which shall be deemed an original
in the year and day first above mentioned* .
BOARD OF REGENTS
STEPHEN F.. AUSTIN STATE,
UNIVERSITY
By /a/ C. G. Haas By /g/ R. E. McGee
Witness "" President ^~~~~
SEAL SUNILAilD' FURNITURE COMPANI
HOUSTON, TEXAS
Address
/s/ H. H. Thomson, Jr. By '/s/ Robert J. Kauffman
Vitness . .■
READ AND EXAMINED:
/s/ C. G. Haas Secretary
Board of Regents, Stephen F. Austin State University
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS /s/ John Reeves
.... -. : „ Assistant
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
71-lU
Upon motion of Regent Maness, seconded by Regent Todd, with all Regents
voting aye, it was ordered that:
The Building Use Fee for the academic year 1971-72 be
set at $30 per semester and $15 for each summer term,
with the increase of $17 per semester and $8#£0 per
summer term, to be prorated on the same basis that
tuition is prorated.
■71-15
Upon motion of Regent Bergman, seconded by Regent Perkins, with all Regents
voting aye, it was ordered that:
The University be authorized to obtain professional
assistance in planning the issuance of a $3,000,000
to $1^,000,000 bond issue supported by a student build
ing use fee to construct a Library Building*
.71-16
Upon motion of Regent Bates, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that:
The Contract with T. G# Evans Company of Nacogdoches^
Texas, for $108,9hh to construct a Greenhouse be ap
proved and the Chairman of the Board be authorized to
sign the contract as follows:
CONTRACT
THE STATE OF TEXAS . jj
COUNTY OF NACOGDOCHES jj KNOW ALL MEN BY THESE PRESENTS
THIS AGREEMENT, made this the 23rd day of January, 1971, by and
between the BOARD OF REGENTS, STEPHEN F# AUSTIN STATE UNIVERSITY, NACOG
DOCHES, TEXAS, acting herein through its President, hereinafter called
"Owner" and T. G. EVANS COMPANY NACOGDOCHES, TEXAS 75961, hereinafter
called "Contractor*"
WITNESSETH, that the Contractor and the Owner for the considera
tions hereinafter named agree as follows:
■1. The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the work
shown on the Drawings and described in the Specifications entitled
GREENHOUSE, STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS,
prepared by Kent, Marsellos & Scott, Architects - Engineers, Lufkln,
Texas, acting as.and in these Contract Documents entitled the Archi
tect? and shall do everything required by this Agreement, the
"General Conditions11 of this Contract, the Drawings and the Specifi
cations ♦
5.15- •
The "General Conditions" of the Contract, the "Supplementary Con
ditions," the Drawings and the Specifications, together with this
agreement, form the Contract, and they are as fully a part of the
Contract as if hereto attached or herein repeated. The following
is an enumeration of the Specifications and Drawings:
Drawings and Specifications entitled "GREENHOUSE," STEPHEN F. AUSTIN
STATE UNIVERSITY, NACOGDOCHES, TEXAS, sheet and section numbers as
listed in Paragraph 1.1 of "Special Conditions" and the following:
Addendum No. 1-R, dated December 1, 1970, Page 1-2 incl. and
Addendum No. 2-R, dated January £, 1971, Pages 1-5 incl.
Growth Chambers shall be furnished with air cooled condensers
mounted on concrete pads outside the building instead of with
water coolingj with electrical service for same.
1. This Contract is to cover the General Contract Work, Land
scaping, Mechanical and Electrical Work, complete. The said
Drawings, and each and all said Specifications and "General
Conditions" are made a part o* this Agreement for all intents
and purposesj provided that if anything in the said "General
Conditions" of the Contract is in conflict with this Agreement,
this Agreement shall control and govern.
2. The work called for and included in this Agreement is to be
done under the direction of the Architect above named and
his determination of the true meaning and proper construc
tion of the Specifications shall be considered as final.
3. The work to be performed under this Contract shall be com
menced on or before a date to be specified in a written
"Work Order", and shall be fully completed, within 120
consecutive calendar days thereafter. The Contractor further
agrees to pay as liquidated damages the sum of $100.00 per
day for each consecutive calendar day the work remains un
finished as specified in Paragraph 1*21 of "Special Conditions"
and in Proposal,
k» The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein,
ONE HUNDRED EIGHT THOUSAND NINE HUNDRED FORTY-FOUR AND NO/lOO
DOLLARS ($108,9U0 out of funds available to the Owner for ex
penditure for the use and benefit of Stephen F* Austin State
University from a Grant from the Federal Government and Con
stitutional Tax Building Funds available to Stephen F. Austin
State University. The basis of the above Contract Price is
as follows:
Base Bid - $1O8,9UU#OO
The Owner shall make payments on account of the Contract as
provided therein as follows: On or about the fifteenth of
each month ninety percent (90$) of the value, based on the
Contract Price of labor and materials incorporated in the
5-16-
work and of materials suitably stored at the site thereof up
to the first day of that month, as estimated by the Architect,
less the aggregate of previous payments$ and upon substantial
completion of the entire work, a sum sufficient to increase the
total payments to ninety percent (90$) of the Contract Price
provided satisfactory evidence is furnished that all payrolls,
material bills and other indebtedness connected with the work
have been paid. The Owner at any time after $0% of the work
has been completed, if it finds that satisfactory progress is
being made, may make any of the remaining progress payments
in full. Final payment shall be due thirty days after sub
stantial completion of the work provided the work be then
fully completed and the Contract fully performed. Upon re
ceipt of written notice that the work is ready for final in
spection and acceptance, the Architect shall promptly make
such inspection, and when he finds the work acceptable under
the Contract and the Contract fully performed he shall proinptly
issue a Final Certificate, over his own signature, stating
that the work provided for in this Contract has been coinpleted
and is acceptable to him under the terms and conditions there
of, and- that the entire balance found to be due the Contractor,
and noted in the Final Certificate is due and payable. Before
issuance of Final Certificate the Contractor shall submit
evidenqe satisfactory to the Architect that all payrolls,
material bills and other indebtedness connected with the >rork
have been paid.
The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100$ of Contract Price%
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1*: That Contract shall faithfully perform his Contract
and fully indemnify and save Owner harmless from all
costs and damages which may be suffered by reason of
failure to do so, and fully reimburse and repay Owner
all outlay and expense which Owner may incur in making
good any default.
2. That Contractor shall pay all persons who have con- "
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Ownerfs priority.
Surety Companies shall be on approved list of U. S#
Treasury Department of "Companies holding Certificates
,. of Authority frorrj the Secretary of the Treasury under
the Act of Congress Approved July 30, 1957, as Accept
able ^Sureties on Federal Bonds" and within the Under
writing Limitations listed therein for any single risk.
Bond shall comply with requirements of all state laws;
including those of Article 5160■Revised Civil Statutes
5-17-
of Texas, 1925, as amended by House Bill 3Ui. Acts
56th Legislature, Regular Session, 1959, effective
April 27, 1959.
6. The Contractor shall effect, pay for and maintain during the life
of this Contract insurance acceptable..to the Owner, conforming to
the following schedule:
a) Compensation and Employer's Liability Insurance: As re
quired by the laws of the State of Texasj Employer's liability
Insurance, $500,000.00+
b) Public Li^ility Insurance: In an amount not less than
fcjuti,QCift).uu for injuries, including accidental death to
any one person, and subject to the same limit for each
person; and in an amount not less than $500,000*00 on
account of one occurrence; Property Damage Insurance in
an amount not less than $100,000.00 , each occurrence
$300,000*00 aggregate. :
c) Automotive Public Liability and Property Damage Insurance:
Uovering all automobiles and motor vehicles used in
Contractor's operations on the campus, of the University
in. an amount not less than $300,000.00 for injuries in
cluding death to any one person and subject to the same
limit for each personj and in an amount not less than :
$500,000.00 on account of one occurrencej Property Damage
insurance in an amount not less than $300*000.00 each occurrence.
<0 Include Broad Form Property Damage Insurance: Remove ffXCV"
inclusions (.Explosion, collapse, underground property damage)*
Include damage to underground wiring, conduits, piping.
e) Contractual Liability Insurance:. As applicable to the
ContractorT s obligations under Paragraph i|.l8 of "General
Conditions." The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming
the Owner and the Architect/Engineer as insured with the
following limits:
1. Bodily Injury
$300,000.00 (each person)
$500,000.00 (each occurrence)
2. . Property Damage v
$100,000.00 (each occurrence)
$300,000.00 (aggregate)
f) Indemnify, protect and hold harmless the Owner and
Architect and their agents and employees from any and
all claims, demands, acts of destruction, loss or damage
to property, injury to or death of Contractor's employees,
Owner's employees, and any and all persons whomsoever
growing out of, or in any way connected with Contractor's
operations upon the campus of the above described University.
5-18-
Before commencement of operations hereunder, Contractor
shall furnish to the Architect, photostatic copies of
the above mentioned insurance policies, together With a
certificate from the insurance carrier that the insurance
will not be cancelled or permitted to. lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7# guilder's Risk Insurance; The Contractor shall provide Builder's
ttisjc insurance on a 100% completed value basis in the names of the
Contractor, Owner and Architect.
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall' deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsoever.
9* For purgQses of complying with the State of Texas Sales Tax, the
following is, a division between labor and materials s
Labor $ 29,375.00
Materials 79,569.00
Total
IN WITNESS WHEREOF, the parties of these presents have executed
this contract in four (k) counterparts, each of which shall be deemed an
original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE
UNIVERSITY
By /s/ C. G. Haas By /s/ R. E. McGee
Witness ^resident
T. G. EVANS COMPANY
SEAL ' —
NACOGDOCHES, TEXAS
Address
/s/ Margaret Baldwin By /s/ T. Q. Evans
READ AND EXAMINED:
/f/ „ u ^ c« Gy Haas Secretary
tfoard of Regents, Stephen V» Austin State University "
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS /s/ John Reeves
" —— Assistant
5-19-
PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of the Regular
Session of the 56th Legislature of Texas)
THE STATE OF TEXAS jj
COUNTY OF NACOGDOCHES jj KNOW ALL MEN BY THESE PRESENTS:
That we (1) T. G. EVANS COMPANY of (2) Nacogdoches, Texas 75961,
a? m n £ hereinafter called Principal and (3) ARGONAUT INSURANCE COMPANY
of,M!;nlo park State of California, hereinafter called the Surety, are held
and firmly bound into (k) Board of Regents, Stephen F. Austin State University,
v^S m?68' ?Xas herei^a"er called Owner, in the penal sum of One Hundred
iLignt Thousand Nine Hundred Forty Four and No/lOO DOLLARS ($108,9kk) in
lawful money of the United States, to be paid in (5) Nacogdoches County,
Texas, for the payment of which sum well and truly to be made, we bind our
selves, our heirs, executors, administrators and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain Contract with (6) the Board of Regents, Stephen F.
Austin State University, Nacogdoches, Texas the Owner, dated the 23rd day
of January, A. D., 1971, a copy of which is attached hereto and made a part
hereof for the construction of: . .
• #
A Greenhouse Building at Stephen F. Austin State University, Nacog
doches, Texas, in accordance with plans and specifications prepared by
Kent, Marsellos & Scott, Architects-Engineers. (Herein called the "Work").
NOW, THEREFORE, if the Principal shall well, truly and faithfully
perform the work in accordance with the Plans, Specifications and Contract
Documents during, the original term thereof, and any extensions thereof
which may be granted by the Owner, with or without notice to the Surety,'and,
if he shall satisfy all claims and demands incurred under such Contract, and
shall fully indemnify and save harmless the Owner from all costs and damages
which it may suffer by reason of failure to do so, and shall reimburse and
repay the Owner all outlay and expense which the Owner may incur in making
good any default, then this obligation shall be void: otherwise to remain
in full force and effect.
m NOW, THEREFORE, if the Principal shall repair any and all defects in
said work occasioned by and resulting from defects in materials furnished
by, or workmanship of the Principal in performing the work covered by said
Contract, occurring within a period of twelve (12) months from the date of
the Contract Completion Certificate, then this obligation shall be null and
void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond
venue shall lie in Nacogdoches County, State of Texas and that the said
Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract or
5-20-
to the work to be performed thereunder or the Specifications accompanying
the same shall in any wise affect its obligation of this bond, and it
does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the Speci
fications. F
PROVIDED HDWEBER, that this bond is executed pursuant to the pro
visions of Article £L60 of the Revised Civil Statutes of Texas as amended
by Acts of the 56th legislature, 1959, and all liabilities on this bond
shall be determined in accordance with the provisions of said Article to
the same extent as if it were copied at length.
IN WITNESS WHEREOF, this instrument is executed in 8 counterparts,
each one of which shall be deemed an original, this the 23rd day of January,
A« D«, 1971*
ATTEST: T. G. EVANS COMPANY
By /s/ T. G. Evans
Principal (Owner)
(principal; Secretary BY
■ SELL-
/s/ Margaret Baldwin
Witness as to Principal
Box £715 Tyler, Texas 75701
^Address;
ATTEST: ARGONAUT INSURANCE COMPANY
Surety
BY /s/ B«.C« Floyd
isuretyj Secretary ; Attorney-intact
(SEAL)
/s/ Margaret Baldwin
Witness as to Surety
Box 571, Tyler, Texas 75701
Address ———
NOTE: Date of Bond must not be prior to date of Contract•
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case may be,
(3) Correct name of Surety
(k) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should execute bond*
5-21-
PAYMENT BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS jf
COUNTY OF NACOGDOCHES j} KNOW ALL MEN BY THESE PRESENTS:
^,We (1) T* G# MMS COMPANY an(2) Individual of Nacogcbches,
Texas 75961 hereinafter called Principal and (3) ARGONAUT INSURANCE COMPANY
of Menlo Park, State of California hereinafter called the Surety, are held
andfirmly bound unto (i|) Board of Regents, Stephen F. Austin State Univ
ersity, Nacogdoches, Texas hereinafter called Owner, unto all persons,
firms, and corporations who may furnish materials for, or perform labor
upon the building or improvements hereinafter referred to in the penal
sum of One Hundred Eight Thousand Nine Hundred Forty Four and No/lOO
DOLLARS ($108,9lUu00) in lawful money of the United States, to be paid
in (5; Nacogdoches County, Texas, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators
and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with (6) the Board of Regents, Stephen F.
Austin State University, Nacogdoches, Texas, the Owner, dated the 23rd
day of January, A. D., 1971, a copy of which is hereto attached and made
a part hereof for the construction of:
A Greenhouse Building at Stephen F. Austin State University,
Nacogdoches, Texas in accordance with plans and specifications pre
pared by Kent, Marsellos, & Scott, Engineers-Architects.
NOW, THEREFORE, the condition of this obligation is such that,
if the Principal shall promptly make payment to all claimants as de
fined in Article 5160 Revised Civil Statutes of Texas, 1925, as amended
by House Bill 3tt^, Acts 56th Legislature, Regular Session, 1959, effective
April 27, 1959, supplying labor and materials in the prosecution of the
work provided for in said Contract, then this obligation shall be null
and void; otherwise, it shall remain in full force and effect.
This bond is made and entered into solely for the protection of all
claimants supplying labor and materials in the prosecution of the work
provided for in said Contract, and all such claimants shall have a
direct right of action under the bond as provided in Article 5l6O, Re
vised Civil Statutes, 1925, as amended by House Bill Jhh, Acts 56th
Legislature, Regular Session, 1959.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Nacogdoches County, State of Texas, and that the said
Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract
or to the work to be performed thereunder or the Specifications accompanying
5 .22-
the same shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any change, extension of time, alteration or addition
to the terms of the Contract or to the work or to the Specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfiea.
IN WITNESS WHEREOF, this instrument is executed in 8 counterparts,
each one of which shall be deemed an original, this the 23rd day of
January, A. D., 1971.
ATTEST: T. G. EVANS COMPANY
BY: /s/ T. G. Evans
Princlpal(Owner;
BY
principal; Secretary ~~~ "
SEAL
/s/ Margaret Baldwin
Witness as to Principal
Box 571, Tyler, Texas 75701
(Address;
ATTEST: ARGONAUT INSURANCE COMPANY
Surety
„—, . , - BY /s/m -B'c- F1°yd
(Surety; Secretary ... Attorney-in-Fact
SEAL
/s/ Margaret Baldwin
Witness as to Surety
Box 571, Tyler, Texas 75701
Address
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case may be.
(3) Correct name of Surety
(h) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should execute bond.
5-23-
71-17
Upon motion of Regent Perkins, seconded by Regent Todd, with all Regents
voting aye, it was ordered that:
The following amendment to the Rules and Regulations of the Board
of Regents be adopted:
Naming of Buildings and Other Facilities
Section A# Buildings and other facilities (including labora
tories and clinics) of Stephen F. Austin State University
may be named by the Board of Regents for deceased persons
who made outstanding contributions to the University or
its prestige•
Section B* Proposed names may be submitted from any source to
the Council of Deans for their recommendation to the Presi
dent who, if he concurs, shall submit such names, together
with background reasons, to the Board of Regents for con
sideration} provided, however, that the Board of Regents
may act ..without receiving a nomination from the Council
of Deans, when circumstances justify such action, and
particularly when a substantial donation has been made
toward the construction of the building or facility to
be named.
Section C« A plaque shall be placed on each new building.
The plaque shall show the names of the Board of Regents
in alphabetical order, and the names of those occupying
the following positions on the dates of the Contract award:
The Chairman of the Board of Regents, the President of
the University, the Controller of the University, the
architect,.and the contractor, together with the year the
contract is awarded•
71-18
Upon motion of Regent Maness, seconded by Regent Todd, with all Regents
voting aye, it was ordered that:
The request for a Master of Education Degree with an Emphasis
on Early Childhood Education be approved and that the Uni
versity be authorized to submit this degree plan to the
Coordinating Board for its approval*
71-19
Upon motion of Regent Todd, seconded by Regent Bergman, with all Regents
voting aye, it was ordered that the University be authorized to obtain
bids for the construction of additional parking facilities subject to
approval of the Board at its next meeting.
71-20
Upon motion of Regent Maness, seconded by Regent Todd, with all Regents
voting aye, it was ordered that:
5-21;-
The University be authorized to negotiate a contract on
a cost plus basis to make certain fire safety improvements
to dormitories subject to approval by the Regents at the
next regular meeting.
71-21
Upon motion of Regent Perkins, seconded by Regent Todd, with all Regents
voting aye, it was ordered that:
Regent Maness be appointed to represent the Board to the
Committee of Governing Boards.
The Chair appointed Regent Bergman as Chairman and Regents Tanner and
Perkins as Committeemen to serve as a Committee on Committees to re
commend organization of the Board for the purpose of best serving the
University.
There being no further business, the meeting adjourned at four o'clock
p.m.
C. G. Haas
Secretary
Following adjournment informal reports were made by:
(1) Dr. Frank J. Lauderdale, Dean of the School of Business
(2) Dr. William M. Turner, Dean of the School of Fine Arts
(3) Mr. John Lynn Bailey, Executive Secretary of the Ex-Students1 Association.

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Transcript

MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. 5
JANUARY 23, 1971
INDEX
Minutes of the Meeting of the Board of Regents of
Stephen F« Austin State University
held in Houston, Texas
January 23, 1971
VOLUME NO. 5
Page
71- 1 Approval of Minutes of Previous -Meeting TT"
71- 2 Election of University President 5-1
71- 3 Faculty and Staff Appointments 5-1
71-4; Resignations 5-2
71- 5 Changes in Status 5-2
71- 6 Leaves of Absence 5-3
71- 7 Approval of Room and Board Rates 5-3
71- 8 Authorization for University to Obtain Engineering Services 5-ii
71- 9 Authorization for University to Pay for Construction of Storm
Sewer and Sidewalks 5-k
71-10 Approval of Contract for Installation of Clock and Bell System 5-k
71-11 Approval of Change Order No* 2 - Chemistry Building Renovations-10
71-12 Authorization for University to Purchase Dairy Cattle 5-10
71-13 Approval of Contract for Furnishings for Austin Building 5-10
71-lU Approval of Building Use Fee 5-15
71-15 Authorization for University to Obtain Professional
Assistance in Planning for Bond Issue 5-15
71-16 Approval of Contract to Construct Greenhouse 5-15
71-17 Adoption of Amendment to the Rules and Regulations for
Naming Buildings 5-2U
71-18 Approval of a Master of Education Degree with an
Emphasis on Early Childhood Education 5-2U
71-19 Authorization for University to Obtain Bids to
Construct Additional Parking Area 5-2U
71-20 Authorization for University to Make Fire Safety
Improvements to Dormitories 5-2U
71-21 Appointment of Board Representative to the Committee
of Governing Boards 5-25
Minutes of the Meeting of the Board of Regents of
Stephen F. Austin State University-held
in Houston, Texas
January 23, 1971
The meeting was called to order by R. E. McGee, Chairman of the Board
of Regents, at two o'clock p.m., January 23, 1971.
PRESENT:
Members: Mr. R. E. McGee of Houston
Mr. J. Harold Bates of Houston
Mrs. Lera Thomas of Houston
Mr. Douglas Bergman of Dallas
Mr. Walter Todd of Dallas
Mr. Roy Maness of Beaumont
Mr. Joe Bob Golden of Jasper
Mr. Sam Tanner of Longview
Mr. James I. Perkins of Rusk
PRESENT:
Mr. C. G. Haas of Nacogdoches, Secretary
Dr. R. W. Steen, President of the University
Dr. John T. Lewis, III, Vice President for Academic
Affairs, Stephen F. Austin State University
71-1
Upon motion of Regent Bates, seconded by Regent Maness, with all Regents
voting aye, it was ordered that the minutes of the meeting of October 23,
1970, be approved.
71-2
Upon motion of Regent Perkins, seconded by Regent Todd, with all Regents
voting aye, it was ordered that Dr. Steen be elected President of Stephen
F. Austin State University for the academic year 1971-72.
71-3.
Upon motion of Regent Tanner, seconded by Regent Perkins, with all Regents
voting aye, it was ordered that the following individuals be employed for
the positions, dates and salaries indicated:
1. Mr. John J. Stransky, Ii7, M. F, (Harvard University), Instructor of
Forestry (part-time) at a salary rate of $l,]±00 for four and one-half
months, effective Spring Semester, 1971. Mr. Stransky has previously
been employed in this position.
2. Mrs. Anna Martha Strybos, 3U, B. S. (Stephen F. Austin State University),
Teacher, University Kindergarten, at a salary rate of $375 per month for
four and one-half months, effective Spring Semester, 1971. Mrs. Strybos
previously held the position as Assistant Teacher, University Kindergarten.
3. Mrs. Patricia Ann Elkins, 22, B. S. (Houston Baptist College), Assistant
Teacher, University Kindergarten, at a salary rate of $200 per month for
four and one-half months, effective Spring Semester, 1971. Mrs. Elkins
has previously been employed as a Graduate Assistant at Stephen F. Austin
State University.
k» John L. Levra, 33* M. S. (Kansas State College) Athletic Director and
Head Football Coach at a salary rate of $16,000 for 12 months effective
January 1, 1971. Mr. Levra has been head coach at Highlands University
of New Mexico for the past fjour years.
£. Lloyd Dean Moore, 29, M. S. (New Mexico Highlands), Assistant Football
Coach at a salary of $10,000 for nine months, effeqtive January 1, 1971.
Mr. Moore has been assistant coach at New Mexico Highlands for the past
four years.
6. Clifford 0. Silva, 2$, M. A. (New Mexico Highlands) Assistant Football
Coach at a salary of $10,000 for nine months, effective January 1, 1971.
Mr. Silva has been assistant coach at New Mexico Highlands for two years.
7. Mr. Curtis Carroll Bradshaw, UO, M. S., (East Texas State University)
Assistant Director of Placement and Financial Aid, effective November 1,
1970, at a salary rate of $10,000 for 12 months.
5-1-
71-li'
Upon motion of Regent Todd, seconded by Regent Maness, with all Regents
voting aye, it was ordered that the following resignations be accepted:
1. Mr. Hugo Alphonse Walter, Assistant Special Collections Librarian,
effective October 31* 1970. Mr. Walter resigned to accept employment
elsewhere.
2. Dr. Paul Alan Wood, Professor of Geology, effective October 21,
1970. Dr. Wood resigned for personal reasons.
3. Mr. Louis Alton Crawford, Instructor of Geography, effective May 31,
1971. Mr. Crawford is resigning in order to return to graduate school.
U. Miss Jenny Susan Harrison, Instructor of Geography, effective May 31,
1971. Miss Harrison is resigning in order to return to graduate school.
3>. Mr. William A. Macauley, Instructor of Political Science, effective
May 31* 1971. Mr. Macauley is resigning in order to continue his work
toward the doctoral degree.
6. Mr. Harold Wayne Hill, Assistant Professor of Art, effective May 31,
1971. Mr. Hill is resigning for personal reasons.
7. Mr. James Leonard Steele, Instructor of Political Science, effective
May 31, 1971. Mr. Steele is resigning in order to return to graduate school.
71-^P
Upon motion of Regent Bates, seconded by Regent Bergman, with all Regents
voting aye, it was ordered that the following changes in status be accepted:
1. Dr. Calvin Pascal Barton, Assistant Professor of Mathematics, from a
salary rate of $10,650 to a salary rate of $11,000 for nine months, effective
Spring Semester, 1971. Dr. Barton completed all requirements for the Ph.D.
on October 20, JL97Q.
2. Dr. James Galen Dickson, Assistant Professor of* Political Science,
from a salary rate of $10,000 to a salary rate of $11,000 for nine months,
effective Spring Semester, 1971. Dr. Dickson has completed all require
ments for the Ph.D. and the degree was conferred on December 23, 1970.
3. Mrs. Janice Sue Pattillo, Instructor of Elementary Education, from a
salary rate of $8,250 for 100# TSO to a salary rate of $2,062.50 for 2%
TSO, effective Spring Semester, 1971. Mrs. Pattillo will be enrolling for
part-time graduate work at Texas A&M University.
U. Travis T. Hughes from Athletic Director and Head Football Coach to
Consultant in Intramural Program, effective January 1, 1971, at a salary
of $16,000 for the period of September 1, 1970, to May 31, 1971.
5>. Carter L. Franklin from Assistant Coach and Instructor of Physical
Education to Instructor of Physical Education, effective January 1, 1971.
5-2-
6. Ben ¥. Nicholson from. Assistant Coach and Instructor of Physical
Education to Instructor of Physical Education.
71-*...
Upon motion of Regent Thomas, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the following leaves of absence be granted:
1. Mr. Will Bower Barclay, Instructor of Modern Languages, for the
academic year 1971-72, in order that he may continue work on the doctoral
degree.
2. Mr. David Albert Shows, Assistant Professor of Health and Physical
Education and Supervisor of Intramurals for Men, effective Spring Semester,
1971, in order that he may complete the residence requirements for his
doctorate.
71-?,.;
Upon motion of Regent Bergman, seconded by Regent Perkins, with all Regents
voting aye, it was ordered that the following Room and Board rates be
approved for 1971-72:
Dormitory Fall or Spring Semester Summer Terms (6 Weeks)
No. and Name W/5 Day Meals W/7 Day Meals W/5 Day Meals W/7 Day Meals
1 - Unit 1 $365.00 $380.00 $135.00 $12*0.00
2 - Unit 2 365.00 380.00 135.00 11*0.00
3 - Unit 3 365.00 380.00 135.00 12*0.00
1* - Dorm 1* 32*5.00 360.00 120.00 125.00
5 - Wisely Hall 365.00 380.00 135.00 11*0.00
6 - Ferguson Hall 32*5.00 360.00 120.00 125.00?
7 - Todd Hall 2*10.00 2*25.00 150.00 155.00
8 - Gibbs Hall 365.00 380.00 135.00 12*0.00
9 - North Dorm 2*10.00 2*25.00 150.00 155.00
10 - Dorm 10 1*10.00 2*25.00 150.00 155.00
11 - Mays Hall 365.00 380.00 135.00 12*0.00
12 - South Dorm 2*10.00 2*25.00 150.00 155.00
13 - Dorm 13 1*10.00 2*25.00 150.00 155.00
12* - Dorm li* 2*10.00 1*25.00 150.00 155.00
15 - Griffith Hall 1*10.00 2*25.00 150.00 155.00
16 - Dorm 16 2*10.00 2*25.00 150.00 155.00
17 - Steen Hall 2*10.00 2*25.00 150.00 155.00
18 - Kerr Hall 2*10.00 2*25.00 150.00 155.00
19 - Dorm 19 1*10.00 2*25.00 150.00 155.00
Apartments (without meals) Rent Per Month
Numbers ——————
1-70 $60.00
7i*-96j 127-166 75.00
200-299 85.00
F 1-16 125.00
5-3-
71-8
Upon motion of Regent Golden, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that:
The University be authorized to obtain the engineering
services of Cowan, Love and Jackson, Mechanical Engineers
of Fort Worth, Texas, and that the University ie authorized
to pay for their services based on a proposed schedule on
file in the office of the Comptroller, such services being
for those miscellaneous small projects for which professional
engineering services are needed and on which projects an
architectural firm is not required*
71-9
Upon motion of Regent Todd, seconded by Regent Bates, with all Regents
voting aye, it was ordered that:
The University be authorized to pay Thomas and Thompson
Construction Company $1,728 for constructing a storm
sewer and sidewalks in the area between the UniversityTs
Forestry Laboratory Building and the new Federal Forestry
Building on the campus.
71-10
Upon motion of Regent Bates, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that:
The Contract with Wilson Henderson Electric Company of
Longview for $18,360 for the installation of a Clock and
Bell System be approved and the Chairman of the Board be
authorized to sign the contract, as follows:
CONTRACT
THE STATE OF TEXAS jj
COUNTY OF NACOGDOCHES j| KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT, made and entered into this 23rd day of January,
A. D. 1971, by and between the Board of Regents, Stephen F. Austin State
University of the City of Nacogdoches, County of Nacogdoches, and State
of Texas, Acting herein through its President, Party of the First Part,
termed in the Contract Documents as the Owner, and Wilson Henderson, Inc.
of the City of Longview, County of Gregg, and the State of Texas, Party of
the Second Part, termed in the Contract Documents as;the CONTRACTOR,
WITNESSETHs (l) That for and in consideration of the payments
and agreements hereinafter mentioned, to be made and performed by the
Owner, and under the conditions expressed in the Bonds bearing even date
herewith,. the Contractor hereby agrees with the Owner to commence and
complete the construction of certain improvements described as follows:
5-U-
A Clock and Bell System for Stephen F. Austin State University." The work
is fully described by the plans and specifications prepared by Cowan, Love
and Jackson, Inc., Consulting Engineers, dated December 18, 1971, and all
work in connection therewith, and at his (or their) own proper cost and
expense to furnish all the material, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and'other accessories and services neces
sary to complete the said construction, in accordance with the conditions
and prices stated in the Proposal, and in compliance with the Performance
B™ f?d *Je Parent Bond and the Contract Documents hereto attached, and
with the Plans, all of which are made a part thereof and collectively
evidence and constitute the Contract.
• 4.1. • 1L ^P Contractor agrees to commence work under this Contract
within thirty (3D) days from the date thereof and to complete said work
ready for use on or before September 1, 1971.
In defaulting thereof, the Contractor shall be liable for liqui
dated damages as provided in the Contract Documents.
() The Owner agrees to pay the Contractor in current funds for
the performance of the Contract in accordance with the Proposal submitted
/*S 21"' *\& Sm °f eiShteen thousand, three hundred and sixty dollars
($18,360.00), subject to additions and deductions, as provided in the
General Conditions of the Contract Documents, and to make payments on
account thereof as provided.
(li) To insure prompt, faithful, sufficient, and complete per
formance of this Contract on his part, the Contract has attached hereto
and hereby makes a part hereof, Insurance Policies or Certificates of
Insurance, a Performance Bond and a Payment Bond to be satisfactory in
all respects to the Owner. Said Bonds, in the full amount of the Contract
price, are to insure the faithful performance of the Contract under all
conditions laid down by it and the Contract Documents covering equipment
furnished labor employed, workmanship, material, time of completion and
delivery. Said Bonds and Policies shall hold and keep the Owner harmless
and free from all liens, claims, patent infringements, liability, demands,
and expenses of every kind and nature for any accident or injury to any
person or persons or property, occasioned by or resulting from the prose
cution of the work pursuant to the terms of the Contract.
IN WITNESS WHEREOF, the parties of these presents have executed
this Contract in five (5) counterparts, each of which shall be deemed an
original in the year and day first above mentioned.
SEAL ■ BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
BY /W C. G. Haas BY /s/ R. E. McGee
Wltness President
5-5-
WILSON HENDERSON, INC.
BY /s/ Wilson Henderson
Attest: Contractor (President)
/s/ Edith L. Henderson P. 0. Box 232I+, Longview, Texas 75601
Address
(SEAL)
- _____ By
READ AND EXAMINED:
/?/ C. G. Haas Secretary
tjoard or Kegents, Stephen b\ Austin State UniVersity
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS _s/ John Reeves
Assistant
PERFORMANCE BOND
THE STATE OF TEXAS jj
COUNTY OF NACOGDOCHES \ KNOW ALL MEN BY THESE PRESENTS:
That we Wilson Henderson, Inc. of Longview, Texas hereinafter
called Principal and Massachusetts Bay Insurance Company of Boston State
of Massachusetts, hereinafter called the Surety, are held and firmly bound
into Stephen. F. Austin State University, hereinafter called Owner, in the
penal sum of eighteen thousand, three hundred and sixty dollars ($18,360.00)
in lawful money of the United States, to be paid in Nacogdoches County,
Texas, for payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the
Principal entered into a certain Contract with Stephen F. Austin State
University, the Owner, dated the 23rd day of January, A. D., 1971, a copy
of which is attached hereto and made a part hereof for the construction of:
A "Clock and Bell System for Stephen F. Austin State University," herein
called the "Work."
5-6-
NOW, THEREFORE, if the Prinoipal shall well, truly and faithfully
perform the work in accordance with the Plans, Specifications and Contract
Documents during the original term thereof, and any extensions thereof and,
if he shall satisfy all claims and demands incurred under such Contract, and
shall fully indemnify and save harmless the Owner from all costs and damages
which it may suffer by reason of failure to do so, and shall reimburse and
repay the Owner all outlay and expense which the Owner may incur in making
good any default, then this obligation shall be void; otherwise to remain
in full force and effect.
NOW, THEREFORE, if the Principal shall repair any and all defects
in said work occasioned by and resulting from defects in materials fur
nished by, or workmanship of the Principal in performing the work covered
by said Contract, occurring within a period of twelve (12) months from the
date of the Contract Completion Certificate, then this obligation shall
be null and void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this
bond venue shall lie in Nacogdoches County, State of Texas and that the
Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract or
to the work to be performed thereunder or the Specifications accompanying
the same shall in any wise affect its obligation of this bond, and it does
hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Contract or to the work or to the Specifications*
IN WITNESS WHEREOF, this instrument is executed in five counter
parts, each one of which shall be deemed an original, this the 23rd day
of January A. D., 1971.
ATTEST:
Wilson Henderson, Inc.
Principal
/s/ Edith L. Henderson By /s/ Wilson Henderson
^Principal; President
P. 0. Box 232U, Longview, Texas 7£601
SEAL Address
/s/ Jenny Lynn Burton
Witness as to Principal
Longview, Texas
Address
MASSACHUSETTS BAY INSURANCE COMPANY
Surety
5-7-
/s/ Jenny Lynn Burton By Leroy T« Zeigler /s/
witness Attorney-in-Fact "
APPROVED AS TO FORMS:
Witness as to Surety ATTORNEY GENERAL OF TEXAS
Longview, Texas _^ By /s/ John Reeves
Address Assistant Attorney General
PAYMENT BOND
THE STATE OF TEXAS {
COUNTY OF NACOGDOCHES jj KNOW ALL MEN BY THESE PRESENTS:
That we Wilson Henderson, Inc. of Longview, Texas hereinafter
called Principal and Massachusetts Bay Insurance Company of Boston, State
of Massachusetts hereinafter called the Surety, are held and firmly bound
unto Stephen F. Austin State University hereinafter called Owner, unto all
persons, firms, and' corporations who may furnish materials for, or perform
labor upon the building or improvements hereinafter referred to in the penal
sum of eighteen thousand, three hundred and sixty dollars ($18,360.00) in
lawful money of the United States, to be paid in Nacogdoches County, Texas,
for the payment of which sum well and truly to be made, we bind ourselves,'
our heirs, executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Prin
cipal entered into a certain contract with Stephen F. Austin State University,
the Owner, dated the 23rd day of January, k. D., 1971, a copy of which is
hereto attached and made a part hereof for the construction of:
A "Clock and Bell System for Stephen F. Austin State University."
NOW, THEREFORE, the condition of this obligation is such that,
if the Principal shall promptly make payment to all claimants as defined
in Article 5l6O Revised Civil Statutes of Texas, 1925, as amended by House
Bill 3hh9 Acts 56th Legislature, Regular Session, 1959, effective April 27,
1959, supplying labor and materials in the prosecution of the work provided
for in said Contract, then this obligation shall be null and void? otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the protection of
all claimants supplying labor and materials in the prosecution of the work
provided for in said Contract, and all such claimants shall have a direct
right of action under the bond as provided in Article 5l6O, Revised Civil
Statutes, 1925, as amended by House Bill 3UU* Acts 56th Legislature, Regular
Session, 1959.
5-8-
PROVIDED FURTHER, that if any legal action be filed upon this
bond, venue shall lie in Nacogdoches County, State of Texas, and that the
said Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract or
to the work to be performed thereunder or the Specifications accompanying
the same shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any change, extension of time, alteration or addition
to the terms of the Contract or to the work or to the Specifications•
PROVIDED FURTHER, that no final settlement between the Owner and
the Contractor shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied.
PROVIDED, HOWEVER, THAT THIS BOND is executed pursuant to the
provisions of Article £160 of the Revised Civil Statutes of Texas as amended
by Acts of the 56th Legislature, 1969, and all liabilities of this bond
shall be determined in accordance with the provisions of said Article to
the same extent as if it were copied at length.
IN WITNESS WHEREOF, this instrument is executed in five counter
parts, each one of which shall be deemed an original, this the 23rd day of
January A. D., 1971.
ATTESTi
/s/ Edith L« Henderson
{Principal; Secretary
SEAL
s/ Jenny Lynn Burton
itness as to Principal
Longview, Texas
Address
/s/ Jenny Lynn Burton
Witness
Wilson Henderson, Inc.
Principal
/s/ Wilson Henderson
President
P. 0. Box 232li, Longview, Texas
Address
75601
MASSACHUSETTS BAY INSURANCE COMPANY
Surety
By /s/ Leroy T« Zeigler
Attorney-in-Fact
Witness as to Surety
Longview, Texas
Address
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
By /s/ John Reeves
Assistant Attorney General
5-9-
71-11
Upon motion of Regent Bates, seconded by Regent Perkins, with all Regents
voting aye, it was ordered that:
The final Change Order No. 2 on the Contract with Temple
Associates, Inc., for the renovation of the Chemistry
Building in the amount of $2,377 increase be approved and
the Chairman of the Board be authorized to sign the
Change Order.
71-12
Upon motion of Regent Perkins, seconded by Regent Bergman, with all Regents
voting aye, it was ordered that:
The University be authorized to purchase kO Holstein
dairy cows at $#0 per cow and 96$ pounds of base
privilege with the South Texas Producers' Association
for $9 per pound, for a. total price of $3O,68£ from
Mr. J. E. Deen, dairyman in Nacogdoches County.
71-13
Upon motion of Regent Bates, seconded by Regent Todd, with all Regents
voting aye, it was ordered that:
The Contract with Suniland; Company for $l£,001.^7 to
completely furnish portions of the Austin Building be
approved and the Chairman of the Board be authorized
to sign the contract, as follows:
CONTRACT
THE STATE OF TEXAS jj
COUNTY OF NACOGDOCHES \ KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT, made this the 23rd day of January, 1971, by and
the B0ARD 0F REGENTS, STEPHEN F." NACOGDOCHES
Presidet hift ll
^f , TEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCH
JStt? *ciiSgJ|Lereln through its President, .hereinafter called "Owner" and
SUNILAND FURNITURE COMPANY, HOUSTON, TEXAS hereinafter called "Contractor."
WITNESSETH, that the Contractor and the Owner for the considera
tions hereinafter named agree as follows:
1. The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the work
described m the Specifications entitled "FURNITURE AND FURNISHINGS,
AUSTIN BUILDING RENOVATIONS,. PHASE III", ..STEPHEN F. AUSTIN STATE
UNIVERSITY, NACOGDOCHES, TEXAS, prepared by Kent, Marsellos & Scott,
Architects - Engineers, Lufkin, Texas, acting as and in these Contract
Documents entitled the Architectj and shall do everything required by
this Agreement, the "General Conditions" of this Contract, and the
Specifications.
5-10-
2. The "General Conditions" of the Contract, the "Supplementary Conditions",
and the Specifications, together with this agreement, form the Contract,
and they are as fully a part of the Contract as if hereto attached or
herein repeated. The following is an enumeration of the Specifications:
Specifications entitled "FURNITURE AND FURNISHINGS, AUSTIN BUILDING
RENOVATIONS, PHASE III", STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS, sheet and section numbers as listed in Paragraph 1.1 of
"Supplementary Conditions", and the following;
Addendum No. 1 dated January 5, 1971, Page lf
1. This Contract is to cover the General Contract Work complete.
All said Specifications and "General Conditions" are made a part
of this Agreement for all intents and purposesj provided that if
anything in the said "General Conditions" of the Contract is in
conflict with this Agreement, this Agreement shall control and
govern.
2. The work called for and included in this Agreement is to be done
under the direction of the Architect above named and his deter
mination of the true meaning and proper construction of the
Specifications shall be considered as final.
3« The work to be performed under this Contract shall be commenced
on or before a date to be specified in a written ?*Work Order",
and shall be fully completed within 120 consecutive calendar days
thereafter. The Contractor further agrees to pay as liquidated
damages the sum of $50.00 per day for each consecutive calendar
day the work remains unfinished as specified in Paragraph 1.23
of "Supplementary Conditions" and in Proposal.
km The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein,
FIFTEEN THOUSAND ONE AND .£7/100 DOLLARS ($15,001.57), out of
General Operating Funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University.
The basis of the above Contract price is as follows*
Base Bid - $15,001.57
Including $250.00 contingency fund
The Owner shall make payment on account of the Contract as
provided therein as follows.9 After substantial completion
of the entire contract has been performed, all furniture and
furnishings delivered and installed, and the furniture and
furnishings, including material and workmanship, have been
accepted as satisfactory to the Architect, a payment of eighty
five per cent (85$) of the Contract price will be due upon
certificate of the Architect. Final payment shall be due
thirty days after substantial completion of the work provided
the work be then fully completed and the Contract fully performed.
Upon receipt of written notice that the work is ready for final in
spection and acceptance, the Architect shall promptly make such in
spection, and when he finds the work acceptable under the Contract and
the Contract fully performed he shall promptly issue a Final Certi
ficate, over his own signature, stating that the work provided for in
this Contract has been completed and is acceptable to him under the
terms and conditions thereof, and that the entire balance found to be
due the Contractor, and noted in the Final Certificate is due and
payable. Before issuance of Final Certificate the Contractor shall
submit evidence satisfactory to the Architect that all payrolls,
material bills and other indebtedness connected with the work have
been paid.
5. The Contractor shall pay premium for and furnish Performance Bond
and Payment Bond in amount of 100$ of Contract Pricej on form
to be furnished by Architect, with sureties acceptable to the
Owner, conditioned:
1.- That Contractor shall faithfully perform his Contract
and fully indemnify and save Owner harmless from all
costs and damages which may be suffered by reason of
failure to do so, and fully reimburse and repay Owner
all outlay and expense which Owner may incur in making
good any default.
2. That Contractor shall pay all persons who have contracts
directly with Contractor for labor and materials save
which persons shall have a direct action against Con
tractor and the surety on his bond, subject to Owner's
priority.
Surety Companies shall be on approved list of U. S.
Treasury Department of "Companies holding Cprtificates
of authority from the Secretary of the Treasury under
the Act of Congress Approved July 30, 1957, as Accept
able Sureties on Federal Bonds"and within the Under
writing Limitations listed therein for any single risk.
Bond shall comply with requirements of all state laws?
including those of Article 5l6O Revised Civil Statutes
of Texas, 1925, as amended by House Bill 3hk, Acts 56th
Legislature, Regular Session, 1959, effective April 27,
1959.
6. The Contractor shall effect, pay for and maintain during the life
of this Contract insurance acceptable to the Owner, conforming to
the following schedules
a) Compensation and Employerfs Liability Insurances As
required by the laws of the state of Texas; Employer' s
Liability Insurance, $100,000.00«
b) Public Liability Insurance: In an amount not less than
$30^,000.00 for injuries, including accidental death to
q-12-
any one person, and subject to the same limit for each
personj and in an amount not less than $£00,000.00 on
account of one accident; Property Damage Insurance in
an amount not less than $100,000,00, each occurrence
$300,000*00 aggregate.
c) Automotive Public Liability and Property Damage Insurance;
Covering all automobiles and motor vehicles used in
Contractor's operations on the campus of the University
in an amount not less than $300,000a00 for injuries in
cluding death to any one person and subject to the same
limit for each personj and in an amount not less than
$£00,000.00 on account of one accidentj Property Damage
insurance in an amount not less than $300,000.00 each
occurrence.
d) Contractual Liability Insurance; As applicable to the
Contractor's obligations under Paragraph U.18 of
"General Conditions." The Contractor shall obtain at
this expense Owner's Protective Liability Insurance
Policy naming the Owner and the Architect/Engineer as
insured with the following limits:
1. Bodily Injury
$300,000.00 (each person)
$500,000.00 (each occurrence) ,
2. Property Damage
$100,000.00 (each occurrence)
$300,000.00 (aggregate)
e) Indemnify, protect and hold harmless the Owner and
Architect and their agents and employees from any and
all claims, demands, acts of destruction, loss or
damage to property, injury to or death of Contractor's
employees, Owner's employees, and any and all persons
whomsoever growing out of, or in any way connected with
Contractor's operations upon the campus of the above
described University. Before commencement of operations
hereunder. Contractor shall furnish to the Architect,
photostatic copies of the above mentioned insurance
policies, together with a certificate from the insurance
carrier that the insurance will not be cancelled or per
mitted to lapse until fifteen (l£) days written notice
of said impending cancellation has been given to the Owner,
7. The Contractor shall complete the several portions and the whole of
the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsoever.
8. For purposes of complying with the State of Texas Sales Tax, the
following is a division between labor and materials;
5-13-
Labor $ 957.37
Materials $1U, 01^.20
Total $15,001.57
IN WITNESS WHEREOF, the parties of these presents have executed this
Contract in four (k) counterparts, each of which shall be deemed an original
in the year and day first above mentioned* .
BOARD OF REGENTS
STEPHEN F.. AUSTIN STATE,
UNIVERSITY
By /a/ C. G. Haas By /g/ R. E. McGee
Witness "" President ^~~~~
SEAL SUNILAilD' FURNITURE COMPANI
HOUSTON, TEXAS
Address
/s/ H. H. Thomson, Jr. By '/s/ Robert J. Kauffman
Vitness . .■
READ AND EXAMINED:
/s/ C. G. Haas Secretary
Board of Regents, Stephen F. Austin State University
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS /s/ John Reeves
.... -. : „ Assistant
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
71-lU
Upon motion of Regent Maness, seconded by Regent Todd, with all Regents
voting aye, it was ordered that:
The Building Use Fee for the academic year 1971-72 be
set at $30 per semester and $15 for each summer term,
with the increase of $17 per semester and $8#£0 per
summer term, to be prorated on the same basis that
tuition is prorated.
■71-15
Upon motion of Regent Bergman, seconded by Regent Perkins, with all Regents
voting aye, it was ordered that:
The University be authorized to obtain professional
assistance in planning the issuance of a $3,000,000
to $1^,000,000 bond issue supported by a student build
ing use fee to construct a Library Building*
.71-16
Upon motion of Regent Bates, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that:
The Contract with T. G# Evans Company of Nacogdoches^
Texas, for $108,9hh to construct a Greenhouse be ap
proved and the Chairman of the Board be authorized to
sign the contract as follows:
CONTRACT
THE STATE OF TEXAS . jj
COUNTY OF NACOGDOCHES jj KNOW ALL MEN BY THESE PRESENTS
THIS AGREEMENT, made this the 23rd day of January, 1971, by and
between the BOARD OF REGENTS, STEPHEN F# AUSTIN STATE UNIVERSITY, NACOG
DOCHES, TEXAS, acting herein through its President, hereinafter called
"Owner" and T. G. EVANS COMPANY NACOGDOCHES, TEXAS 75961, hereinafter
called "Contractor*"
WITNESSETH, that the Contractor and the Owner for the considera
tions hereinafter named agree as follows:
■1. The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the work
shown on the Drawings and described in the Specifications entitled
GREENHOUSE, STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS,
prepared by Kent, Marsellos & Scott, Architects - Engineers, Lufkln,
Texas, acting as.and in these Contract Documents entitled the Archi
tect? and shall do everything required by this Agreement, the
"General Conditions11 of this Contract, the Drawings and the Specifi
cations ♦
5.15- •
The "General Conditions" of the Contract, the "Supplementary Con
ditions," the Drawings and the Specifications, together with this
agreement, form the Contract, and they are as fully a part of the
Contract as if hereto attached or herein repeated. The following
is an enumeration of the Specifications and Drawings:
Drawings and Specifications entitled "GREENHOUSE," STEPHEN F. AUSTIN
STATE UNIVERSITY, NACOGDOCHES, TEXAS, sheet and section numbers as
listed in Paragraph 1.1 of "Special Conditions" and the following:
Addendum No. 1-R, dated December 1, 1970, Page 1-2 incl. and
Addendum No. 2-R, dated January £, 1971, Pages 1-5 incl.
Growth Chambers shall be furnished with air cooled condensers
mounted on concrete pads outside the building instead of with
water coolingj with electrical service for same.
1. This Contract is to cover the General Contract Work, Land
scaping, Mechanical and Electrical Work, complete. The said
Drawings, and each and all said Specifications and "General
Conditions" are made a part o* this Agreement for all intents
and purposesj provided that if anything in the said "General
Conditions" of the Contract is in conflict with this Agreement,
this Agreement shall control and govern.
2. The work called for and included in this Agreement is to be
done under the direction of the Architect above named and
his determination of the true meaning and proper construc
tion of the Specifications shall be considered as final.
3. The work to be performed under this Contract shall be com
menced on or before a date to be specified in a written
"Work Order", and shall be fully completed, within 120
consecutive calendar days thereafter. The Contractor further
agrees to pay as liquidated damages the sum of $100.00 per
day for each consecutive calendar day the work remains un
finished as specified in Paragraph 1*21 of "Special Conditions"
and in Proposal,
k» The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein,
ONE HUNDRED EIGHT THOUSAND NINE HUNDRED FORTY-FOUR AND NO/lOO
DOLLARS ($108,9U0 out of funds available to the Owner for ex
penditure for the use and benefit of Stephen F* Austin State
University from a Grant from the Federal Government and Con
stitutional Tax Building Funds available to Stephen F. Austin
State University. The basis of the above Contract Price is
as follows:
Base Bid - $1O8,9UU#OO
The Owner shall make payments on account of the Contract as
provided therein as follows: On or about the fifteenth of
each month ninety percent (90$) of the value, based on the
Contract Price of labor and materials incorporated in the
5-16-
work and of materials suitably stored at the site thereof up
to the first day of that month, as estimated by the Architect,
less the aggregate of previous payments$ and upon substantial
completion of the entire work, a sum sufficient to increase the
total payments to ninety percent (90$) of the Contract Price
provided satisfactory evidence is furnished that all payrolls,
material bills and other indebtedness connected with the work
have been paid. The Owner at any time after $0% of the work
has been completed, if it finds that satisfactory progress is
being made, may make any of the remaining progress payments
in full. Final payment shall be due thirty days after sub
stantial completion of the work provided the work be then
fully completed and the Contract fully performed. Upon re
ceipt of written notice that the work is ready for final in
spection and acceptance, the Architect shall promptly make
such inspection, and when he finds the work acceptable under
the Contract and the Contract fully performed he shall proinptly
issue a Final Certificate, over his own signature, stating
that the work provided for in this Contract has been coinpleted
and is acceptable to him under the terms and conditions there
of, and- that the entire balance found to be due the Contractor,
and noted in the Final Certificate is due and payable. Before
issuance of Final Certificate the Contractor shall submit
evidenqe satisfactory to the Architect that all payrolls,
material bills and other indebtedness connected with the >rork
have been paid.
The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100$ of Contract Price%
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1*: That Contract shall faithfully perform his Contract
and fully indemnify and save Owner harmless from all
costs and damages which may be suffered by reason of
failure to do so, and fully reimburse and repay Owner
all outlay and expense which Owner may incur in making
good any default.
2. That Contractor shall pay all persons who have con- "
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Ownerfs priority.
Surety Companies shall be on approved list of U. S#
Treasury Department of "Companies holding Certificates
,. of Authority frorrj the Secretary of the Treasury under
the Act of Congress Approved July 30, 1957, as Accept
able ^Sureties on Federal Bonds" and within the Under
writing Limitations listed therein for any single risk.
Bond shall comply with requirements of all state laws;
including those of Article 5160■Revised Civil Statutes
5-17-
of Texas, 1925, as amended by House Bill 3Ui. Acts
56th Legislature, Regular Session, 1959, effective
April 27, 1959.
6. The Contractor shall effect, pay for and maintain during the life
of this Contract insurance acceptable..to the Owner, conforming to
the following schedule:
a) Compensation and Employer's Liability Insurance: As re
quired by the laws of the State of Texasj Employer's liability
Insurance, $500,000.00+
b) Public Li^ility Insurance: In an amount not less than
fcjuti,QCift).uu for injuries, including accidental death to
any one person, and subject to the same limit for each
person; and in an amount not less than $500,000*00 on
account of one occurrence; Property Damage Insurance in
an amount not less than $100,000.00 , each occurrence
$300,000*00 aggregate. :
c) Automotive Public Liability and Property Damage Insurance:
Uovering all automobiles and motor vehicles used in
Contractor's operations on the campus, of the University
in. an amount not less than $300,000.00 for injuries in
cluding death to any one person and subject to the same
limit for each personj and in an amount not less than :
$500,000.00 on account of one occurrencej Property Damage
insurance in an amount not less than $300*000.00 each occurrence.
<0 Include Broad Form Property Damage Insurance: Remove ffXCV"
inclusions (.Explosion, collapse, underground property damage)*
Include damage to underground wiring, conduits, piping.
e) Contractual Liability Insurance:. As applicable to the
ContractorT s obligations under Paragraph i|.l8 of "General
Conditions." The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming
the Owner and the Architect/Engineer as insured with the
following limits:
1. Bodily Injury
$300,000.00 (each person)
$500,000.00 (each occurrence)
2. . Property Damage v
$100,000.00 (each occurrence)
$300,000.00 (aggregate)
f) Indemnify, protect and hold harmless the Owner and
Architect and their agents and employees from any and
all claims, demands, acts of destruction, loss or damage
to property, injury to or death of Contractor's employees,
Owner's employees, and any and all persons whomsoever
growing out of, or in any way connected with Contractor's
operations upon the campus of the above described University.
5-18-
Before commencement of operations hereunder, Contractor
shall furnish to the Architect, photostatic copies of
the above mentioned insurance policies, together With a
certificate from the insurance carrier that the insurance
will not be cancelled or permitted to. lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7# guilder's Risk Insurance; The Contractor shall provide Builder's
ttisjc insurance on a 100% completed value basis in the names of the
Contractor, Owner and Architect.
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall' deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsoever.
9* For purgQses of complying with the State of Texas Sales Tax, the
following is, a division between labor and materials s
Labor $ 29,375.00
Materials 79,569.00
Total
IN WITNESS WHEREOF, the parties of these presents have executed
this contract in four (k) counterparts, each of which shall be deemed an
original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE
UNIVERSITY
By /s/ C. G. Haas By /s/ R. E. McGee
Witness ^resident
T. G. EVANS COMPANY
SEAL ' —
NACOGDOCHES, TEXAS
Address
/s/ Margaret Baldwin By /s/ T. Q. Evans
READ AND EXAMINED:
/f/ „ u ^ c« Gy Haas Secretary
tfoard of Regents, Stephen V» Austin State University "
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS /s/ John Reeves
" —— Assistant
5-19-
PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of the Regular
Session of the 56th Legislature of Texas)
THE STATE OF TEXAS jj
COUNTY OF NACOGDOCHES jj KNOW ALL MEN BY THESE PRESENTS:
That we (1) T. G. EVANS COMPANY of (2) Nacogdoches, Texas 75961,
a? m n £ hereinafter called Principal and (3) ARGONAUT INSURANCE COMPANY
of,M!;nlo park State of California, hereinafter called the Surety, are held
and firmly bound into (k) Board of Regents, Stephen F. Austin State University,
v^S m?68' ?Xas herei^a"er called Owner, in the penal sum of One Hundred
iLignt Thousand Nine Hundred Forty Four and No/lOO DOLLARS ($108,9kk) in
lawful money of the United States, to be paid in (5) Nacogdoches County,
Texas, for the payment of which sum well and truly to be made, we bind our
selves, our heirs, executors, administrators and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain Contract with (6) the Board of Regents, Stephen F.
Austin State University, Nacogdoches, Texas the Owner, dated the 23rd day
of January, A. D., 1971, a copy of which is attached hereto and made a part
hereof for the construction of: . .
• #
A Greenhouse Building at Stephen F. Austin State University, Nacog
doches, Texas, in accordance with plans and specifications prepared by
Kent, Marsellos & Scott, Architects-Engineers. (Herein called the "Work").
NOW, THEREFORE, if the Principal shall well, truly and faithfully
perform the work in accordance with the Plans, Specifications and Contract
Documents during, the original term thereof, and any extensions thereof
which may be granted by the Owner, with or without notice to the Surety,'and,
if he shall satisfy all claims and demands incurred under such Contract, and
shall fully indemnify and save harmless the Owner from all costs and damages
which it may suffer by reason of failure to do so, and shall reimburse and
repay the Owner all outlay and expense which the Owner may incur in making
good any default, then this obligation shall be void: otherwise to remain
in full force and effect.
m NOW, THEREFORE, if the Principal shall repair any and all defects in
said work occasioned by and resulting from defects in materials furnished
by, or workmanship of the Principal in performing the work covered by said
Contract, occurring within a period of twelve (12) months from the date of
the Contract Completion Certificate, then this obligation shall be null and
void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond
venue shall lie in Nacogdoches County, State of Texas and that the said
Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract or
5-20-
to the work to be performed thereunder or the Specifications accompanying
the same shall in any wise affect its obligation of this bond, and it
does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the Speci
fications. F
PROVIDED HDWEBER, that this bond is executed pursuant to the pro
visions of Article £L60 of the Revised Civil Statutes of Texas as amended
by Acts of the 56th legislature, 1959, and all liabilities on this bond
shall be determined in accordance with the provisions of said Article to
the same extent as if it were copied at length.
IN WITNESS WHEREOF, this instrument is executed in 8 counterparts,
each one of which shall be deemed an original, this the 23rd day of January,
A« D«, 1971*
ATTEST: T. G. EVANS COMPANY
By /s/ T. G. Evans
Principal (Owner)
(principal; Secretary BY
■ SELL-
/s/ Margaret Baldwin
Witness as to Principal
Box £715 Tyler, Texas 75701
^Address;
ATTEST: ARGONAUT INSURANCE COMPANY
Surety
BY /s/ B«.C« Floyd
isuretyj Secretary ; Attorney-intact
(SEAL)
/s/ Margaret Baldwin
Witness as to Surety
Box 571, Tyler, Texas 75701
Address ———
NOTE: Date of Bond must not be prior to date of Contract•
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case may be,
(3) Correct name of Surety
(k) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should execute bond*
5-21-
PAYMENT BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS jf
COUNTY OF NACOGDOCHES j} KNOW ALL MEN BY THESE PRESENTS:
^,We (1) T* G# MMS COMPANY an(2) Individual of Nacogcbches,
Texas 75961 hereinafter called Principal and (3) ARGONAUT INSURANCE COMPANY
of Menlo Park, State of California hereinafter called the Surety, are held
andfirmly bound unto (i|) Board of Regents, Stephen F. Austin State Univ
ersity, Nacogdoches, Texas hereinafter called Owner, unto all persons,
firms, and corporations who may furnish materials for, or perform labor
upon the building or improvements hereinafter referred to in the penal
sum of One Hundred Eight Thousand Nine Hundred Forty Four and No/lOO
DOLLARS ($108,9lUu00) in lawful money of the United States, to be paid
in (5; Nacogdoches County, Texas, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators
and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with (6) the Board of Regents, Stephen F.
Austin State University, Nacogdoches, Texas, the Owner, dated the 23rd
day of January, A. D., 1971, a copy of which is hereto attached and made
a part hereof for the construction of:
A Greenhouse Building at Stephen F. Austin State University,
Nacogdoches, Texas in accordance with plans and specifications pre
pared by Kent, Marsellos, & Scott, Engineers-Architects.
NOW, THEREFORE, the condition of this obligation is such that,
if the Principal shall promptly make payment to all claimants as de
fined in Article 5160 Revised Civil Statutes of Texas, 1925, as amended
by House Bill 3tt^, Acts 56th Legislature, Regular Session, 1959, effective
April 27, 1959, supplying labor and materials in the prosecution of the
work provided for in said Contract, then this obligation shall be null
and void; otherwise, it shall remain in full force and effect.
This bond is made and entered into solely for the protection of all
claimants supplying labor and materials in the prosecution of the work
provided for in said Contract, and all such claimants shall have a
direct right of action under the bond as provided in Article 5l6O, Re
vised Civil Statutes, 1925, as amended by House Bill Jhh, Acts 56th
Legislature, Regular Session, 1959.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Nacogdoches County, State of Texas, and that the said
Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract
or to the work to be performed thereunder or the Specifications accompanying
5 .22-
the same shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any change, extension of time, alteration or addition
to the terms of the Contract or to the work or to the Specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfiea.
IN WITNESS WHEREOF, this instrument is executed in 8 counterparts,
each one of which shall be deemed an original, this the 23rd day of
January, A. D., 1971.
ATTEST: T. G. EVANS COMPANY
BY: /s/ T. G. Evans
Princlpal(Owner;
BY
principal; Secretary ~~~ "
SEAL
/s/ Margaret Baldwin
Witness as to Principal
Box 571, Tyler, Texas 75701
(Address;
ATTEST: ARGONAUT INSURANCE COMPANY
Surety
„—, . , - BY /s/m -B'c- F1°yd
(Surety; Secretary ... Attorney-in-Fact
SEAL
/s/ Margaret Baldwin
Witness as to Surety
Box 571, Tyler, Texas 75701
Address
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case may be.
(3) Correct name of Surety
(h) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should execute bond.
5-23-
71-17
Upon motion of Regent Perkins, seconded by Regent Todd, with all Regents
voting aye, it was ordered that:
The following amendment to the Rules and Regulations of the Board
of Regents be adopted:
Naming of Buildings and Other Facilities
Section A# Buildings and other facilities (including labora
tories and clinics) of Stephen F. Austin State University
may be named by the Board of Regents for deceased persons
who made outstanding contributions to the University or
its prestige•
Section B* Proposed names may be submitted from any source to
the Council of Deans for their recommendation to the Presi
dent who, if he concurs, shall submit such names, together
with background reasons, to the Board of Regents for con
sideration} provided, however, that the Board of Regents
may act ..without receiving a nomination from the Council
of Deans, when circumstances justify such action, and
particularly when a substantial donation has been made
toward the construction of the building or facility to
be named.
Section C« A plaque shall be placed on each new building.
The plaque shall show the names of the Board of Regents
in alphabetical order, and the names of those occupying
the following positions on the dates of the Contract award:
The Chairman of the Board of Regents, the President of
the University, the Controller of the University, the
architect,.and the contractor, together with the year the
contract is awarded•
71-18
Upon motion of Regent Maness, seconded by Regent Todd, with all Regents
voting aye, it was ordered that:
The request for a Master of Education Degree with an Emphasis
on Early Childhood Education be approved and that the Uni
versity be authorized to submit this degree plan to the
Coordinating Board for its approval*
71-19
Upon motion of Regent Todd, seconded by Regent Bergman, with all Regents
voting aye, it was ordered that the University be authorized to obtain
bids for the construction of additional parking facilities subject to
approval of the Board at its next meeting.
71-20
Upon motion of Regent Maness, seconded by Regent Todd, with all Regents
voting aye, it was ordered that:
5-21;-
The University be authorized to negotiate a contract on
a cost plus basis to make certain fire safety improvements
to dormitories subject to approval by the Regents at the
next regular meeting.
71-21
Upon motion of Regent Perkins, seconded by Regent Todd, with all Regents
voting aye, it was ordered that:
Regent Maness be appointed to represent the Board to the
Committee of Governing Boards.
The Chair appointed Regent Bergman as Chairman and Regents Tanner and
Perkins as Committeemen to serve as a Committee on Committees to re
commend organization of the Board for the purpose of best serving the
University.
There being no further business, the meeting adjourned at four o'clock
p.m.
C. G. Haas
Secretary
Following adjournment informal reports were made by:
(1) Dr. Frank J. Lauderdale, Dean of the School of Business
(2) Dr. William M. Turner, Dean of the School of Fine Arts
(3) Mr. John Lynn Bailey, Executive Secretary of the Ex-Students1 Association.